In Elegant Ruling, Federal Judge Upholds Traditional Marriage in Puerto Rico


In Elegant Ruling, Federal Judge Upholds Traditional Marriage in Puerto Rico

(The writers at Slate dissented as to the elegance of the ruling - Judge Upholds Puerto Rico’s Gay Marriage Ban in a Comically Inane Opinion)

A federal judge has upheld Puerto Rico’s traditional marriage law, bucking the recent trend of federal courts to strike down state laws enshrining traditional marriage. District judge Juan M. Perez-Gimenez, a Carter appointee, delivered a ruling that relied on a conservative reading of the Constitution and legal precedent, and created the potential for a split among the U.S. circuits that could prod the Supreme Court to take up the question in future.

That makes 2 District Court Judges to rule this way. This one will go to the Appellate Court for the 1st District. One more chance for a split.


Very interesting.


Perhaps this explains a little bit why SCOTUS recently declined to act more decisively.
The Puerto Rico judge asserts that, technically, SCOTUS has never officially reversed its 1972 ruling on the question of whether “marriage” is specifically a Constitutional matter.

“…in Baker v. Nelson, 409 U.S. 810 (1972), the Supreme Court held that it lacked jurisdiction over a constitutional challenge to Minnesota’s marriage laws. The ancient understanding and traditional doctrine of marriage and family life expressed by Article 68 offends neither Equal Protection nor Due Process.”


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